68200-68222

GOVERNMENT CODE
SECTION 68200-68222




68200.  The annual salary of the Chief Justice of California is
ninety three thousand one hundred forty dollars ($93,140).



68201.  Effective January 1, 1985, the annual salary of each of the
following judges is the amount indicated opposite the name of the
office:
   (a) Associate Justice of the Supreme Court, eighty-eight thousand
eight hundred eighteen dollars ($88,818).
   (b) Presiding justice or associate justice of a court of appeal
division, eighty-three thousand two hundred sixty eight dollars
($83,268).


68202.  Effective January 1, 1985, the annual salary of each of the
following judges is the amount indicated opposite the name of the
office:
   Judge of the superior court, seventy-two thousand seven hundred
sixty-three dollars ($72,763).



68203.  (a) On July 1, 1980, and on July 1 of each year thereafter,
the salary of each justice and judge named in Sections 68200 to
68202, inclusive, and 68203.1 shall be increased by the amount that
is produced by multiplying the then current salary of each justice or
judge by the average percentage salary increase for the current
fiscal year for California State employees; provided, that in any
fiscal year in which the Legislature places a dollar limitation on
salary increases for state employees the same limitation shall apply
to judges in the same manner applicable to state employees in
comparable wage categories.
   (b) For the purposes of this section, salary increases for state
employees shall be those increases as reported by the Department of
Personnel Administration.
   (c) The salary increase for judges and justices made on July 1,
1980, for the 1980-81 fiscal year, shall in no case exceed 5 percent.
   (d) On January 1, 2001, the salary of the justices and judges
named in Sections 68200 to 68202, inclusive, shall be increased by
the amount that is produced by multiplying the salary of each justice
and judge as of December 31, 2000, by 8 1/2 percent.
   (e) On January 1, 2007, the salary of the justices and judges
identified in Sections 68200 to 68202, inclusive, and 68203.1 shall
also be increased by the amount that is produced by multiplying the
salary of each justice and judge as of December 31, 2006, by 8.5
percent.



68203.1.  (a) Operative January 2, 2002, the salary of the position
of Chair of the Judicial Council and the position of a presiding
judge of a superior court which has 15 or more judges, and the
positions of the administrative presiding justices of the Courts of
Appeal, shall be increased by that amount that is produced by
multiplying the salary of each of these judicial offices by 4 percent
and the salary for the position of a presiding judge of a superior
court, that has four to 14 judges, shall be increased by the amount
that is produced by multiplying the salary of that judicial office by
2 percent.
   (b) Operative January 2, 2003, the salary for the position of a
presiding judge of a superior court that has two or three judges,
shall be increased by the amount that is produced by multiplying his
or her salary by 2 percent.
   (c) A judge or justice who no longer serves in the position of an
administrative presiding justice or a presiding judge of a superior
court shall receive only the salary in effect for judges or justices
of his or her court.



68204.  The justices and judges named in Sections 68200 to 68202,
inclusive, shall not be deemed to be state officers for the purposes
of Section 11569.


68206.2.  (a) On and after January 1, 1990, the state shall
reimburse each small county which is not an option county under the
Brown-Presley Trial Court Funding Act (Chapter 12 (commencing with
Section 77000) of this title), for the cost of salary and per diem
for any substitute judge assigned to replace a judge disqualified
from acting as a judge while there is pending a recommendation to the
Supreme Court by the Commission on Judicial Performance for removal
or retirement of the judge pursuant to subdivision (a) of Section 18
of Article VI of the California Constitution, beginning with the
salary and per diem for the seventh month following the
disqualification.
   (b) For purposes of this section, a "small county" is one which
has a total of nine or fewer superior court judges.



68206.5.  The board of supervisors of any county may, by resolution,
agree to participate in a state-prescribed payroll procedure to pay
superior court judges solely from a state payroll. Such procedure
shall be prescribed by the State Controller. It shall include
provision for payment in advance to the state by each participating
county of its share of the applicable judges' salaries and may
include provision for payroll deductions authorized under applicable
county laws.


68206.6.  The Controller may agree to participate in a county
payroll procedure to pay superior court judges solely from a county
payroll. Such procedure shall be prescribed by the county auditor and
approved by resolution of the county board of supervisors. It shall
include provision for payment in advance to each participating county
by the state of its share of the applicable judges' salaries and may
include provision for payroll deductions authorized under applicable
state laws. Nothing in this section, and no procedure adopted
pursuant to this section, shall increase or decrease any compensation
or benefits available to, or received by, superior court judges as a
result of being paid from a state payroll.




68207.  For the purpose of this chapter the population of each
county of the State is the population determined for the county
pursuant to subdivision (a) or, if the provisions of subdivision (b)
apply to a county, pursuant to subdivision (b).
   (a) The population of each county is as shown and determined by
the last preceding decennial census taken under the authority of the
Congress of the United States, except that whenever a new decennial
census is taken under such authority after the effective date of this
section the population shown and determined thereby shall be deemed
the population of the county commencing on the first day of July in
the year next succeeding the year as of which such census is taken
and not before.
   (b) The Department of Finance, before the first day of December of
each year, shall certify to the Controller the population of each
county as determined by the department pursuant to Section 13073.5.
The Controller shall forthwith ascertain from that certification
whether any county has a population, determined as provided in this
subdivision, which would raise it to a higher classification under
this chapter than as determined by subdivision (a). If any county is
ascertained to be within such a higher classification, the Controller
shall promptly certify that fact to the board of supervisors of that
county. For the purpose of this chapter, the population of each
county on the first day of July of each year shall be the population
determined by the Department of Finance.



68210.  No judge of a court of record shall receive his salary
unless he shall make and subscribe before an officer entitled to
administer oaths, an affidavit stating that no cause before him
remains pending and undetermined for 90 days after it has been
submitted for decision.



68211.  Each judge of the Supreme Court and the courts of appeal
shall receive the same group term life insurance benefit as is
granted to other constitutional officers and state managerial
employees. The Administrative Office of the Courts shall administer
the insurance benefit.



68220.  (a) Judges of a court whose judges received supplemental
judicial benefits provided by the county or court, or both, as of
July 1, 2008, shall continue to receive supplemental benefits from
the county or court then paying the benefits on the same terms and
conditions as were in effect on that date.
   (b) A county may terminate its obligation to provide benefits
under this section upon providing the Administrative Director of the
Courts and the impacted judges with 180 days' written notice. The
termination shall not be effective as to any judge during his or her
current term while that judge continues to serve as a judge in that
court or, at the election of the county, when that judge leaves
office. The county is also authorized to elect to provide benefits
for all judges in the county.



68221.  To clarify ambiguities and inconsistencies in terms with
regard to judges and justices and to ensure uniformity statewide, the
following shall apply for purposes of Sections 68220 to 68222,
inclusive:
   (a) "Benefits" and "benefit" shall include federally regulated
benefits, as described in Section 71627, and deferred compensation
plan benefits, such as 401(k) and 457 plans, as described in Section
71628, and may also include professional development allowances.
   (b) "Salary" and "compensation" shall have the meaning as set
forth in Section 1241.



68222.  Nothing in this act shall require the Judicial Council to
increase funding to a court for the purpose of paying judicial
benefits or obligate the state or the Judicial Council to pay for
benefits previously provided by the county, city and county, or the
court.